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Monday, February 28, 2011
FORTY-EIGHTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]


The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 25, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate , and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Overington, Anderson, Andes, Armstead, Azinger, Border, D. Campbell, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Givens, Hamilton, Hartman, Householder, Howell, Ireland, Longstreth, Michael, C. Miller, J. Miller, Nelson, O'Neal, Pasdon, Reynolds, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 112 - "Calling on the United States Congress and instructing Congress to convene a single issue Federal Convention called the BALANCED BUDGET AMENDMENT convention under the authority reserved to the States in Article V of the United States Constitution.
Whereas, Article IV, Section 4 of the Constitution of the United States guarantees to every state a Republican form of government which gives each state equal standing when calling for a Constitutional Convention. Article V of the Constitution of the United States reserves to the several states the right to call for a federal Constitutional Convention for the purpose of amending the United States Constitution when Congress or the courts or both Congress and the courts refuse to address an egregious wrong suffered by the people; and
Whereas, The states alone have the authority to "limit" the agenda and authority of a Federal Convention. The states alone can call for a "Single Issue" convention by agreeing among themselves the purpose, terms, conditions, duration, and agenda for the Convention. Congress does not have the authority to define a "Single Issue" Convention. The authority of Congress, under Article V of the United States Constitution, empowers it to convene a convention as called for and defined by the several states. The several states alone have the authority to enforce the terms and conditions at the BALANCED BUDGET AMENDMENT convention; and
Whereas, The BALANCED BUDGET AMENDMENT convention will be a "Single Issue" Federal Convention. The delegates summoned to this convention by Congress will have the authority to decide only one issue, "Should the proposed BALANCED BUDGET AMENDMENT be sent to Congress with instructions to send the Amendment back to the several states for ratification?" The delegates at the BALANCED BUDGET AMENDMENT convention will have no authority to change the wording of the proposed Amendment, neither will they be authorized to deliberate on or discuss any other subject matter or issue at the convention. The purpose, terms and conditions that will govern the agenda and affairs of the BALANCED BUDGET AMENDMENT convention are as follows: The only purpose for convening the BALANCED BUDGET AMENDMENT convention is for the State Delegations, representing the several states, to decide if a BALANCED BUDGET AMENDMENT should be sent to the United States Congress with instructions for Congress to send the amendment to the several states for ratification. Absolutely no other business will be authorized at this convention; therefore, be it
Resolved by the Legislature of West Virginia:
That the United States Congress convene a single issue Federal Convention called the BALANCED BUDGET AMENDMENT convention under the authority reserved to the states in Article V of the United States Constitution and to decide if a BALANCED BUDGET AMENDMENT should be sent to the United States Congress with instructions for Congress to send the amendment to the several states for ratification; and, be it
Further Resolved, That the following Amendment, as herein written, is to be presented and voted on by the State Delegations at the Balanced Budget Amendment convention:
BALANCED FEDERAL BUDGET AMENDMENT
ARTICLE 28 (or alternate number to be assigned by Congress)
Section 1. It is the right of citizens to enjoy a fiscally sound and debt free federal government which is foundational to a free people and must not be violated by the state.
Section 2. It is hereby mandated that the United States Congress will conduct the fiscal affairs of the United States Government according to the requirements of this Article.
Section 3. A Balanced Federal Budget consists of accurately assigning the sum of all federal receipts (which includes all tax revenues and all other sources of government income) to pay for all Federal expenditures within a given year and with the mandate not to allow expenditures to exceed revenue and income. The following exceptions apply:
(a) In time of war or national emergency the United States Congress can authorize expenditures to exceed income and revenue as is required to protect the interests and security of the United States and its citizens. However, the United States Congress is required to amortize the repayment of any debt incurred over a maximum of ten years from the end of the war or national emergency. The United States Congress is prohibited from extending the repayment of the debt beyond ten years which includes the repayment of monies borrowed and any interest that may have accrued in order to service said debt. Congress can repay the debt, in full, in less than ten years, but must pay no less than 1/10th of the original amount owed by the Government, including interest, in each remaining year of the ten-year term, unless the balance is less than 1/10th of the original amount.
(b) The United States Congress is authorized to allow expenditures to exceed revenues and income when in the collective wisdom of two thirds of the members of both Houses of the United States Congress it is necessary to do so. However, the United States Congress is required to amortize the repayment of any debt incurred over a maximum of five years from the date said debt was authorized by Congress. The United States Congress is prohibited from extending the repayment of said debt beyond five years which includes the repayment of moneys borrowed and any interest that may have accrued in order to service said debt. Congress can repay the debt, in full, in less than five years, but must pay no less than 1/5^th of the original amount owed by the Government, including interest, in each remaining year of the five year term, unless the balance is less than 1/5^th of the original amount. 
Section 4. The United States Congress is prohibited from taking any debt that may remain from previous year deficits and include it/them as part of a new deficit expenditure in current or future years.
Section 5. It is further prohibited for the United States Congress to extend the repayment of any and all debt incurred beyond the time lines required in this Article.
Section 6. All current debt owed by the United State Government at the time this Article is ratified, including accrued interest to service said debt, must be repaid by the United States Congress within twenty years from the date this Article is ratified by the several states. Congress can repay the current debt, in full, in less than twenty years, but must pay no less than 1/20th of the original amount owed by the Government, including interest, in each remaining year of the twenty-year term, unless the balance is less than 1/20^th of the original amount.
Section 7. To secure the rights of citizens to enjoy a fiscally sound and debt free federal government, which is foundational to a free people, it is hereby prohibited for the United States Congress to allow federal expenditures to exceed federal revenue and income, in any given year, as mandated by the requirements and allowances of this Article.
Section 8. This Article shall be immediately enforceable upon the United States Congress when ratified by three quarters of the several states; and, be it
Further Resolved, That the Clerk forward a copy of this resolution and Legislative Call to the members of the West Virginia delegation to Congress and to the Speaker of the House of Representatives and the President of the Senate.
Delegates Rodighiero, Stowers, R. Phillips, Barker and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 113 - "Requesting the Division of Highways to name the over 8 mile stretch of Route 3, from Foster, West Virginia to its connection with Corridor G, the 'PFC Darrell Lee Cabell Memorial Highway'."
Whereas, Darrell Cabell was born November 2, 1947 in Foster, West Virginia; and
Whereas, Darrell Cabell was a brave member of the United States Army, C Company, of the 1st Battalion, 14th Infantry, 4th Infantry Division; and
Whereas, Darrell Cabell started his tour of duty in South Vietnam on November 18, 1967; and
Whereas, Darrell Cabell was serving in the Quang Nam Province in South Vietnam when the helicopter he was in came under enemy fire; and
Whereas, Darrell Cabell died on February 18, 1968 after his helicopter was hit with enemy fire and crashed in South Vietnam; and
Whereas, His name can now be found on Panel 40E Line 002 with thousands of other brave soldiers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name the over 8 mile stretch of Route 3, from Foster, West Virginia to its connection with Corridor G, the "PFC Darrell Lee Cabell Memorial Highway;" and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at both ends of the 8 mile stretch of Route 3, containing bold and prominent letters proclaiming the bridge to be the "PFC Darrell Lee Cabell Memorial Highway;" and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and the surviving family of Darrell Lee Cabell.
Delegates Frazier, Ellington, Gearheart, Mr. Speaker, Mr. Thompson, on behalf of the members of the West Virginia House of Delegates offered the following resolution, which was read by the Clerk as follows:
H. R. 31 - "Memorializing the life of the Honorable Thomas Michael 'Mike' Porter, businessman, civic leader, U.S. Army veteran, successful NASCAR driver, member of the West Virginia House of Delegates and proud West Virginian."
Whereas, Thomas Michael "Mike" Porter, was born May 10, 1941, at Lashmeet, Mercer County, the son of the late Robert Jackson "Jack" Porter and Mary Magdalene "Maggie" Porter; and
Whereas, Thomas Michael Porter, was a graduate of Matoaka High School, attended Concord University and West Virginia Institute of Technology and served this Country in the United States Army; and
Whereas, Thomas Michael Porter, was married for 48 years to the love of his life, Evelyn "Ruth" Hedrick Porter, with whom he shared the joy of having a son, Thomas Michael "Mikey" Porter, Jr.; and
Whereas, Thomas Michael Porter was further blessed with two loving sisters, Jane Porter Childers, who preceded him in death, and Patty Porter Grace, who was his constant friend, confidante and enthusiastic political supporter; and
Whereas, Thomas Michael Porter's life was further enriched by the loving relationship he developed with his grandsons, Jacob Porter and Jared Porter, with whom he enjoyed hunting and other activities and with his daughter-in-law, Sharon Porter, with whom he especially enjoyed praying; and
Whereas, Thomas Michael Porter enjoyed a rich, exciting and varied life, which included a career as a NASCAR driver and employment in the railroad, mining and trucking industries, most recently operating his own trucking business; and
Whereas, During his lengthy career as a NASCAR driver covering the period from the 70's through the mid-1990's, Thomas Michael Porter competed first in the NASCAR Busch Grand National Division, where he was the original No. 3 in the black Chevy and won the pole position in its first race at Daytona in 1982, and later in the NASCAR Late Model Stock Division where he won over 100 victories racing late model stock cars; and
Whereas, The Honorable Thomas Michael Porter, was elected to the West Virginia House of Delegates in 2004, 2006 and 2008, serving on numerous committees, most recently as Minority Vice-Chair of both the Government Organization and Veterans Affairs committees; and
Whereas, The years that the Honorable Thomas Michael Porter
served in the House of Delegates were characterized by his dedication, honesty, directness and common sense approach to the issues, and while he would, from time to time, disagree vigorously with his fellow Delegates, his good-hearted nature and ever-present welcoming smile ensured that their friendship was never in jeopardy; and
Whereas, During his last term in the House of Delegates, Thomas Michael Porter demonstrated his commitment to his wife and to the House of Delegates by traveling to Charleston each morning to perform his legislative duties and returning to his home in Princeton each night to give comfort to his beloved wife Ruth while she was experiencing serious health problems; and
Whereas, Sadly, the Honorable Thomas Michael Porter, passed away Monday, September 27, 2010 at Charleston Area Medical Center in Charleston, W.Va., leaving behind a life of dedication and commitment to his family, community and state; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes the life of the Honorable Thomas Michael Porter, businessman, civic leader, U.S. Army veteran, successful NASCAR driver, member of the West Virginia House of Delegates and proud West Virginian; and, be it
Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Thomas Michael Porter; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Thomas Michael Porter.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 31) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 153), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Fragale, Manchin, Marshall and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 31) adopted.
Committee Reports
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2498, Relating to the practice of dentistry,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2498 - "A Bill to amend and reenact §3-4-19, §30-4-20, §30-4-23, §30- 4-28 and §30-4-29, of the Code of West Virginia, 1931, as amended, all relating to the practice of dentistry; requiring notification of a dentist's death to the dental board by the deceased's personal representative; requiring dentists to notify the board of a life threatening occurrence, serious injury or death to patient as a result of dental treatment or related complications; providing for disciplinary action for failing to report; certain actions of dentists subject to disciplinary action by board; providing the board with the authority to require a licensee have a psychological evaluation prior to reinstatement of license; increasing personal representative's length of time to dispose of shares of a deceased shareholder in a dental corporation after dentist's death; and permitting a dental student to work in a public health setting under certain conditions,"
And,
H. B. 3231, Establishing prohibited acts relating to possession of controlled substances obtained from more than one heath practitioner,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3231 - "A Bill to amend and reenact §60A-4-410 of the Code of West Virginia, 1931, as amended, relating to the possession of multiple prescribed medications or prescriptions for controlled substances with the same or similar therapeutic medical purposes; exceptions, limitations; and criminal penalties,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bills (Com. Sub. for H. B. 2498 and Com. Sub. for H. B. 3231) were each taken up for immediate consideration, read a first time and ordered to second reading.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2500, Relating to school personnel,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2500 - "A Bill to amend and reenact §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931, as amended, all relating to national certification of teachers and professional personnel generally; continuing salary bonus for renewed National Board of Professional Teaching Standards Certificates; providing for reimbursement of renewal fees; continuing bonus eligibility if a holder accepts employment as principal or in another school or board level instructional leadership position; and continuing the salary supplement for nationally-certified professional personnel,"
And,
H. B. 3172 Including certain employees of the office of the West Virginia Alcohol Beverage Control Commissioner be included in the classified service,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3172 - "A Bill to amend and reenact §11-16-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-2-12 of said code, all relating to the Alcohol Beverage Control Commission; requiring the Division of Personnel review and evaluate the employees of the Alcohol Beverage Control Commission; permitting Alcohol Beverage Control Commission employees to be included in the civil service; providing exemption of inclusion of certain positions; requiring a report to the Legislature; and removing out-dated language from the code,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bills (Com. Sub. for H. B. 2500 and Com. Sub. for H. B. 3172) were each taken up for immediate consideration, read a first time and ordered to second reading.
Special Calendar
Unfinished Business

Action on Senate Messages As To:
S. J. R. 9, Proposing amendment to Constitution designated The Silenced Majority Local Levy and Bond Amendment.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Com. Sub. for S. B. 465, Creating Marcellus Gas and Manufacturing Development Act.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Unfinished Business
H. R. 29, Amending House Rule 93, relating to the number of bills to be presented; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading
H. B. 2763, Prohibiting the Executive Director of Workforce West Virginia from billing a reimbursable employer under the unemployment compensation law for overpaid amounts of benefits paid to a claimant; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 154), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Marshall and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2763) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2802, Prohibiting use of turning lanes for through traffic under certain circumstances; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 155), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Marshall and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2802) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2883, Creating regulations for commercial dog breeding; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
Delegates Armstead and Lane moved to amend the bill on page two, line four, following the word "year," by striking out the comma and all of the remaining words in that sentence.
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 156), and there were--yeas 32, nays 65, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Gearheart, Hamilton, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Moye, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier, Marshall and Skaff.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 157), and there were--yeas 83, nays 14, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Border, Carmichael, Cowles, Ellington, Evans, Hamilton, Ireland, Kump, Savilla, Shaver, Snuffer, Sobonya and Walters.
Absent and Not Voting: Crosier, Marshall and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2883) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2883 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog breeding operations; and creating criminal penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Unanimous consent having been obtained, Delegate Talbott addressed the House concerning Com. Sub. for H. B. 2378, Agreement among the states to elect the president by national popular vote, and at the conclusion of his remarks, Delegate Perdue asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 11:44 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:00 p.m., and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
Com. Sub. for H. B. 2953, Relating to dedication of coalbed methane severance tax proceeds; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 158), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Hall and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2953) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 159), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Hall and Marshall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2953) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2986, Relating to forest fire seasons; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 160), and there were--yeas 77, nays 20, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Carmichael, Cowles, Duke, Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, O'Neal, Savilla, Snuffer, Storch, Sumner, Walker and Walters.
Absent and Not Voting: Crosier, Hall and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2986) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3064, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 161), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3064) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 162), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Crosier, Marshall and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3064) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3105, Providing immunity from civil or criminal liability for first responders who use forced entry to a residence; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 163), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3105) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3114, Allowing the development and operation of a nursing home on the grounds of a critical access hospital meeting certain restrictions; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 164), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Nelson.
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3114) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 165), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Howell.
Absent and Not Voting: Boggs, Crosier and Marshall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3114) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3119, Increasing the expenditure limit on public service district construction and purchase contracts; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 166), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Householder, Lane, C. Miller, Nelson, Pasdon, Sobonya and Walters.
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3119) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3126, Requiring a railroad company to provide pesticide safety information; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 167), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes and Romine.
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3126) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3205, Reducing jail sentence for successful completion of education and rehabilitation programs; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 168), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Cowles, Householder, Howell, Lane, Savilla, Sigler and Walters.
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3205) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3267, Providing an additional decreasing modification reducing federal adjusted gross income for income earned by certain military personnel and their spouses; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 169), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3267) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3268, Relating to who may claim a homestead exemption; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 170), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3268) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3269, Reducing state income tax liability for certain retired public employees; on third reading, coming up in regular order, was read a third time.
Delegates Barker, Duke, Ferro, Frazier, Iaquinta, Paxton, Perry, M. Poling, Romine, Rowan, Shaver and Sumner requested to be excused from voting on the passage of H. B. 2989 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse them from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 171), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Carmichael, Ellington, Gearheart and Savilla.
Absent and Not Voting: Crosier and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3269) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Hall noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 158 through 160, and that had he been present, he would have voted "Yea" thereon.

Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2512, Relating to pawnbrokers,
Com. Sub. for H. B. 2703, Relating to qualifications of members of certain county commissions,
Com. Sub. for H. B. 2981, Clarifying payment for trade certifications and allowing use of tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine program ,
Com. Sub. for H. B. 3050, Relating to the practice of dieticians,
Com. Sub. for H. B. 3067, Enhancing funding for civil legal services for the poor,
Com. Sub. for H. B. 3087, Requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide,
Com. Sub. for H. B. 3094, Requiring the Secretary of the Department of Health and Human Services to use existing department funds to develop a program to compensate employees for personal property loss,
And,
Com. Sub. for H. B. 3099, Marcellus Gas and Manufacturing Development Act.
First Reading
The following bills and joint resolution, on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. J. R. 29, The Simple Majority Local Levy and Bond Amendment ,
Com. Sub. for S. B. 458, Updating Logging Sediment Control Act,
Com. Sub. for H. B. 2159, Relating to prohibiting members of the news media from being compelled to give testimony,
Com. Sub. for H. B. 2362, Increasing penalties for financial exploitation of an elderly person or incapacitated adult,
Com. Sub. for H. B. 2437, Requiring that cutter heads, long wall shears and other mining machines automatically shut-off when the methane level reaches one percent,
Com. Sub. for H. B. 2513, Relating to the practice of pharmacy,
Com. Sub. for H. B. 2524, Relating to the practice of speech-language pathology and audiology,
Com. Sub. for H. B. 2532, Zipline Responsibility Act,
Com. Sub. for H. B. 2732, West Virginia Public Campaign Financing Act,
Com. Sub. for H. B. 2876, Expanding eligibility for subsidies to enrollees in the model health plan,
Com. Sub. for H. B. 2878, Hydraulic Fracturing and Horizontal Drilling Gas Act,
Com. Sub. for H. B. 2879, Providing a one-time, nonbase building, supplemental salary increase for all eligible state employees,
Com. Sub. for H. B. 2888, Strengthening of protections for whistleblowers of unsafe working conditions in mines,
Com. Sub. for H. B. 2890, Energy Efficient Building Act,
Com. Sub. for H. B. 2946, Requiring the issuance of a lawful prescription for dispensing drug products containing chemical precursors of methamphetamine,
Com. Sub. for H. B. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators,
Com. Sub. for H. B. 2958, Allowing the West Virginia Racing Commission to use certain permit and registration fees to pay salaries and other budgeted expenses,
Com. Sub. for H. B. 2959, Providing additional funds to the West Virginia Racing Commission,
H. B. 2976, Exempting barbers with twenty or more years of experience from continuing education requirements,
Com. Sub. for H. B. 3004, Relating to the Greater Huntington Park and Recreation District,
H. B. 3031, Authorizing professional licensing boards to obtain criminal history record checks,
Com. Sub. for H. B. 3034, Recognizing outstanding students who are top achievers in scholastic studies,
Com. Sub. for H. B. 3054, Relating to DNA data collection,
Com. Sub. for H. B. 3068, Creating the WVU-Tech Revitalization Project,
H. B. 3075, Increasing the time period in the hold-harmless provision when distributing state aid to local health departments,
Com. Sub. for H. B. 3082, Including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person's body,
H. B. 3096, Instituting new rules for hiring and firing of law-enforcement officers that leave a training academy,
Com. Sub. for H. B. 3098, Clarifying levels of West Virginia Greyhound Breeding Development Fund payouts, and providing funding for greyhound adoption and spay and neutering programs,
H. B. 3137, Providing for additional circumstances giving rise to "state 'on' indicators" for purposes of extended unemployment compensation,
Com. Sub. for H. B. 3143, Relating to penalties for causing injury or death to certain animals used by law enforcement,
Com. Sub. for H. B. 3144, Creating a criminal offense and adding misdemeanor criminal penalties for picketing or disrupting funerals,
Com. Sub. for H. B. 3163, Relating to workers' compensation programs of state government entities,
Com. Sub. for H. B. 3185, Allowing county commissions to waive or reduce impact fees and capital improvement fees of affordable housing units in their county,
H. B. 3193, Permitting persons who have been convicted of felonies to qualify for jury service,
Com. Sub. for H. B. 3194, Increasing the age of consent that a minor may refuse mental health treatment,
Com. Sub. for H. B. 3196, Establishing a program and procedure for certifying medications assistive persons in the health industry,
Com. Sub. for H. B. 3202, Relating to residential rental security deposits,
Com. Sub. for H. B. 3204, Creating the West Virginia Enterprise Resource Planning Board and Executive Committee,
H. B. 3224, Removing annual credit cap for expansion projects,
Com. Sub. for H. B. 3225, Expanding the definition of harassment, intimidation or bullying,
Com. Sub. for H. B. 3243, Relating to appointments or promotions to positions in paid municipal fire departments,
H. B. 3270, Allowing reports to be generated by the Legislative Auditor and authorizing audits of state funds,
And,
H. B. 3271, Relating to the distribution of state funds to volunteer fire companies and departments.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3044, Relating to civil forfeiture actions related to criminal activity,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3044 - " A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61- 14-6, §61-14-7, §61-14-8 and §61-14-9 all relating to civil forfeiture actions related to criminal activity; providing for the civil forfeiture of property and assets used in, acquired by, or gained or flowing from various criminal fraudulent activities; providing definitions; subjecting certain property to forfeiture; providing procedures for seizure of forfeitable property; establishing rules and procedures for civil forfeiture proceedings involving crimes of fraud; providing for seizure and disposition of forfeited property; providing notice requirements; providing for care of forfeitable property in law-enforcement custody; providing for proportionality and innocent owner defenses; limiting forfeiture of property purchased by bona fide purchasers; providing for payment of liens in certain circumstances; providing for resale and disposition of forfeited property; disposing of proceeds and forfeiture funds; providing that dismissal of criminal charges vacates forfeiture orders; and providing exceptions,"
And,
H. B. 3171 Providing educators with the education and training necessary to ensure the safety of state schools,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3171 - "A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to creating the "Jason Flatt Act of 2011"; providing teachers, administrators and others having direct contact with students on the warning signs and resources to assist with suicide prevention; and providing teachers, administrators and others having direct contact with students with the education and training necessary to ensure the safety of state schools,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bills (Com. Sub. for H. B. 3044 and Com. Sub. for H. B. 3171) were each taken up for immediate consideration, read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier and Marshall.
At 2:50 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 1, 2011.